1 year ago
Kolkata Court Grants Police Custody in Law College Rape Case After 39 Days
Imagine a bad thing happened, and the police caught some people.
Usually, the police can only ask to hold them for a short time after they're caught.
But now, there's a new rule that lets them ask for more time in serious cases.
In Kolkata, the police asked to hold people accused of a crime for a bit longer.
This is because their stories didn't match what experts found, and the police need more time to figure out exactly what happened.
A judge agreed, saying it was important to investigate and find out the truth about the crime.
Kolkata court grants police custody to law college rape case accused 39 days after arrest.
The prime accused, Monojit Mishra, and two accomplices, along with a security guard, are involved.
This is the first time the new Bharatiya Nagarik Suraksha Sanhita (BNSS) is invoked in Kolkata.
Additional police remand was requested due to discrepancies between accused statements and expert reports.
The court rejected the defense's bail prayer, citing the need for further investigation.
- Who
- Monojit Mishra (prime accused), Pramit Mukhopadhyay, Zaib Ahmed, and Pinaki Banerjee (security guard).
- What
- Kolkata court grants police custody to law college rape case accused 39 days after arrest.
- Where
- Alipore Court, Kolkata; South Calcutta Law College.
- When
- Order passed on Tuesday, August 6.
- Why
- Due to discrepancies in statements and reports, needing further investigation under the new BNSS law.
Defense Arguments
Prosecution Arguments
Bail vs. Continued Custody
Defense Arguments
Sought bail.
Prosecution Arguments
Granted additional police custody for investigation purposes
Key facts
- Accused
- Monojit Mishra, Pramit Mukhopadhyay, Zaib Ahmed, Pinaki Banerjee
- Court
- Alipore Court
- Judge
- Amit Sarkar
- Police Custody Granted Until
- August 8
- Crime Allegation
- South Calcutta Law College rape
- New Law invoked
- Bharatiya Nagarik Suraksha Sanhita (BNSS)
- Original Arrest Date
- June 26-27
Quotes
Sourin Ghosal
Kolkata Police Chief Public Prosecutor in Alipore Court
“Under the provisions of Section 167 of the earlier CrPC Act, the prayer for police remand had to be made within the first 15 days of arrest. That provision has now changed under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the CrPC on July 1, 2024. The BNSS now empowers the police to pray for remand anytime within the first 60 days of arrest for heinous crimes like rape and murder”
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“The statements previously made by the accused and the reports we have now received do not match in many places. Hence, there is a need to freshly interrogate the accused in police custody and, if required, they may be made to sit face to face to get to the bottom of the alleged crime”
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The judge
ACJM court
“It transpires from the prayer of the prosecution that PC is required for the purpose of pending investigations and so more fully described in the forwarding report of the IO. On perusal of the CD (case diary), I do find incriminating materials available against all the accused persons”
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“All these aspects seem to this Court to be much of the essence and importance so far as investigation of this case is concerned, but the case itself is very grave and heinous to say the least. The purpose of the investigation of this case can be well served if the police custody of the present accused persons is granted by this court as prayed for”
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The ACJM court, Alipore
court
“duly complied”
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